The Story of the Upper Canada Rebellion - John Charles Dent (best historical biographies .TXT) 📗

been for such a union of functions in the first infancy of the Province, when educated men were few in the land, there was certainly none in the days when Chief Justice Robinson was Speaker of the Legislative Council. The effect of making the tenure of office of judges and other dignitaries dependent on the will of the Executive was such as has attended upon such a system in all countries where it has been in vogue. The officials were selected almost entirely from one political party, and had always an eye upon the nod of their taskmasters, who had the power to make or unmake them. Whenever it was desirable, in the supposed interests of the Executive, that the authority of the courts should be strained to the perversion of judgment, the dispensing of even-handed justice was altogether a secondary consideration. Mr. Gourlay's case, to say nothing of that of Bartemus Ferguson, affords a sufficient illustration of the extent to which the traditions of the Star Chamber were revived in Upper Canadian practice, when it was thought desirable to crush a champion of popular liberty and equal rights.
Such were a few of the burdens which the people of Upper Canada were compelled to bear in the by-gone epoch when tyranny reigned supreme throughout the Province: when
"the law's delay,
The insolence of office, and the spurns
That patient merit of the unworthy takes,"
were the all too frequent portion of such of the inhabitants as dared to call in question the righteousness of existing ordinances. There was a further intolerable grievance which was closely bound up with, and which, so to speak, grew out of or sustained all the rest: which comprehended within itself all the evils affecting the body politic, and which left traces of its existence that have survived down to the present time. This was the Family Compact--a phrase which is in everybody's mouth, but the significance whereof, I venture to think, is in general but imperfectly understood. The subject deserves a chapter to itself.
FOOTNOTES:
[24] Being somewhat doubtful as to the truth of this oft-repeated story, I have taken the trouble to consult the records in the Crown Lands Office, where I find that Mr. Russell on several occasions made grants of land to himself. Among other such grants I may mention lot number twenty-two, in the third concession of the township of York, which was made on the 16th of July, 1797. See Liber A., folio 382, Provincial Registry Office. He also granted various tracts of land to his sister, Miss Elizabeth Russell, the first of which bears date the 15th of December, 1796. See Liber B., folio 334. So that the President appears to have begun to "do good unto himself" and his family before he had been three months in office as Administrator of the Government. Further investigation would doubtless prove that he kept up the practice until the arrival of Governor Hunter.
[25] See his speech at the close of the first session of the First Parliament of Upper Canada, on the 15th of October, 1792.
[26] The property qualification for a voter was, in counties, the possession of lands or tenements of the yearly value of forty shillings sterling or upwards, over and above all rents and charges; and in towns or townships, the possession of a dwelling house and lot of the yearly value of five pounds sterling or upwards, or the having been a resident for twelve months, and the having paid a year's rent at the rate of ten pounds sterling or upwards. See the twentieth section of the Constitutional Act.
[27] The latter part of this clause has no application to Brock, who was made of manlier stuff. Brock, however, was not Lieutenant-Governor, but merely Provisional Administrator of the Province.
[28] _Report on the Affairs of British North America_, English folio edition, p. 29.
[29] _The Constitutional History of Canada_, by Samuel James Watson, Vol. I., p. 128.
[30] The abuses specified in the present chapter were not confined to Upper Canada. They existed, with certain local variations, throughout all the British North American colonies, and produced similar results in each; viz., ever-recurring conflicts between the Executive and the popular branch of the Legislature, followed by more or less alienation of loyalty to the mother country on the part of the more radical element in the community. In the Maritime Provinces the alienation was not sufficiently widespread to manifest itself in actual rebellion, though the conflict between the oligarchy and the popular tribunes sometimes produced a very disturbed state of feeling. In Lower Canada, where the element of race-hatred was added to all other sources of disturbance, the conflict attained an intensity far beyond what was reached in any of the other colonies, and left traces behind it which are not even yet wholly obliterated.
[31] _Statistical Account_, Vol. II., p. 296.
[32] _Canadiana_, by W. B. Wells, p. 103.
[33] Ib.
[34] Ib., p. 104.
[35] These grants of five thousand acres to members of the Executive Council were in direct violation of the instructions framed by the Home Government for the regulation of land-granting in Upper Canada. They continued to be made down to 1807, when they were stopped by a peremptory order to that effect from the Colonial Secretary. There is one instance on record of a reserve being applied for and made on behalf of the child of a member of the Legislative Council, though the child was not three days old. See the evidence of John Radenhurst, Chief Clerk in the office of the Surveyor-General, in Appendix B. to Lord Durham's _Report on the Affairs of British North America_.
[36] Most of these facts with reference to the granting of public lands may be obtained from the archives of the Crown Lands Office in Toronto, and from the newspapers and official reports of the period. They may also be found, together with a vast accumulation of other important facts bearing on the same subject, in Charles Buller's Report on Public Lands and Emigration, forming Appendix B. to Lord Durham's _Report on the Affairs of British North America_.
[37] _Canadiana_, p. 130.
[38] In 1796 or thereabouts the Executive offered to grant entire townships to persons who would undertake to settle them with a certain number of colonists within a specified time. The number of colonists required was made proportionate to the extent of territory to be settled. This offer was taken advantage of by ten different individuals. The grants were not actually made, but the respective townships were allocated in the official books to the various persons concerned. Upon the faith of the pledge of the Executive, several of the ten assignees proceeded to carry out the conditions imposed. Among them was Mr. William Berczy, who, having obtained an assignment of the township of Markham, went to great expense in bringing over a number of German families, whom he settled according to the conditions of the contemplated grant. After he had spent a sum of money variously stated at from twenty to thirty thousand pounds sterling, the Executive coolly announced that they had determined to abandon the township system, and that they did not even intend to carry out the grants to those who had complied with the conditions. The compensation offered for this unparalleled breach of faith was a grant of twelve hundred acres to each assignee. Nine of the individuals concerned assented to those terms, but Mr. Berczy refused to accept any such inadequate recompense, and he remained for the rest of his life a ruined man. He shook the dust of Upper Canada from his feet, and took up his abode in Montreal, whence he subsequently repaired to New York, where he died in the year 1813.
[39] See Appendix B. to Lord Durham's _Report_, folio edition, p. 99. Mr. Charles Rankin, Deputy-Surveyor in the Western District, in his evidence before the Commission (_ib._ pp. 120, 121), says:--"The system of making large grants to individuals who had no intention of settling them has tended to retard the prosperity of the colony by separating the actual settlers, and rendering it so much more difficult, and in some cases impossible, for them to make the necessary roads. It has also made the markets more distant and more precarious. To such an extent have these difficulties been experienced as to occasion the abandonment of settlements which had been formed. I may mention, as an instance of this, the township of Rama, where after a trial of three years, the settlers were compelled to abandon their improvements. It should be noticed that the settlers in this instance were not of a class fitted to encounter the privations of the wilderness, being half-pay officers. In the township of St. Vincent almost all the most valuable settlers have left their farms from the same cause, the townships of Nottawasaga and Collingwood, the whole of the land in which had been granted, and which are almost entirely unsettled (Collingwood, I believe, has only one settler), intervening between them and the settled township, and rendering communication impossible. There have been numerous instances in which, though the settlement has not been altogether abandoned, the most valuable settlers, after unavailing struggles of several years with the difficulties which I have described, have left their farms." This witness further states his belief that nine-tenths of the lands in the Western District were still--in 1838--in a state of wilderness.
[40] See his _Report, passim_; also see the portion of Appendix B. relating to Upper Canada.
[41] See the Special Report of Mr. R. Davies Hanson, Assistant Commissioner of Crown Lands and Emigration, forming the commencement of Appendix A. to Lord Durham's _Report on the Affairs of British North America_.
[42] I use this word for want of a better, though it is not strictly accurate as applied to Upper Canada, where there were no clearly prescribed standards of religious faith from which non-supporters of Episcopacy could be said to dissent. The word "Nonconformist" is objectionable for a similar reason.
[43] See _Seventh Grievance Committee's Report_, p. 164.
[44] _Ante_, p. 51.


CHAPTER III.
THE FAMILY COMPACT.
What was the nature and origin of this powerful organization--this informally-constituted league, the name whereof has been familiar to the ears of Upper Canadians during the whole, or nearly the whole, of the present century; which is referred to in nearly all books dealing with the political and social life of this Province before the Union of 1841; which for forty years regulated the public policy of the colony, and ruled with an iron hand over the liberties of the inhabitants?
Immediately after the ratification of the Treaty of Paris, in 1763, whereby Canada was ceded by France to Great Britain, it became necessary for the British Government to appoint a considerable number of officials to fill the public offices in the country so ceded. It did not suit the policy of the conquerors to leave much power in the hands of the conquered. The introduction of the English language and laws was moreover a practical disqualification for most of the native inhabitants of the colony, and the new officials were nearly all sent over from England. Some of the principal personages among them were men of probity and brains. Others, though possessed of a full share of brains, had but a younger brother's portion of the other commodity. The underlings, generally speaking, had but a slender allowance of either. They were for the most part appointed on the recommendation of various supporters of the Government of the day, who were thus able to provide for a number of their needy relatives and dependants--a matter of vastly greater importance in their eyes than the proper administration of the affairs